Essays Tagged: "case law"
Classification of Law!
secondly by the legal sources of law. There are several sources of law including The Constitution, Case Law, Legislation and Customs. This paper will discuss and outline the various classifications o ... murder of manslaughter. According to Helen J. Bond and Peter Kay, authors of Business Law, criminal cases are cases that are called prosecutions and they are initiated in the name of the State and on ...
Subjects: Law & Government Essays
Precedent: This essay looks at all the aspects of precedent with cases to back up the essay.
Judicial Precedent by Anthony HarteJudicial precedent often referred to as case law, is one of the main sources of English law. Its roots go back to the early common laws of t ... lished.In order for the judicial precedent system to work, an accurate detailed method of reporting cases is of great importance. After each case, a judge will give a speech, which contains two parts. ... er judges may refer to it and speculate as to what the decision would have been if the facts of the case had been different.This all seems very simple, but in fact, it can be very difficult to find th ...
Subjects: Law & Government Essays > Law
Criminal Intention
ess critically the importance of the decision of the HL in Woollin, I will explore the contemporary case law. This will allow me to discuss the concept of intention in English law and then to make my ... intention?The answer perhaps lies in Lord Edmund Davies' dissenting voice in Caldwell , a landmark case which dealt with objective recklessness opposed to subjective recklessness "The law in action c ...
Subjects: Law & Government Essays > Law
Ch 14 Review Q's answered
ommon law tradition that formed the foundation of the American legal system. Explain the concept of case law and judicial review.The common law tradition is based on:*English legal system*Innocent unt ... vailing custom*Precedent -Stare Decisis- the court make decision and the judge decision is precedentCase Law- judge me lawJudicial Review- supreme court justices can overrule the decisions made by pre ...
Subjects: Social Science Essays > Political Science
State versus Federal Systems
I am a resident of, Washington State, made somewhat of a groundbreaking decision in a civil rights case decision. In the following paper, I will discuss this decision in detail and the potential impa ... esting relationship between the State and Federal systems of reporting discrimination. Although the case decision rests ultimately with the federal court system, a case must first be filed with the ap ...
Subjects: Law & Government Essays > Civil Rights
An Overview of Our Legal System
that was followed throughout the country. As a term in american law, common law is synonymous with case law. Inherent in the common law was the principle of stare decisis. Stare decisis requires that ... the common law was the principle of stare decisis. Stare decisis requires that precedent set in one case be followed in all cases having similar circumstances, thus assuring consistency in the law.The ...
Subjects: Law & Government Essays
A) To what extent are judges in the Court of Appeal and House of Lords free to depart from previous decisions and practice? By Sarah James
The English legal system has many sources of law including European law, statute law, case law, and custom law. Statute law and case law are the two major sources of law and will be disc ... em. The House of Lords is the next court in the hierarchy and it deals with both civil and criminal cases and all other courts are bound by its decisions, although, since 1966 when the Lord Chancellor ... al is the third court down in the hierarchy and it has both a criminal and a civil division. In the case of Young v Bristol Aeroplane Co 1944, the Court of Appeal is bound by its previous decisions ex ...
Subjects: Law & Government Essays > Law
Business Law Test Study Notes Review
ny kind of contract as long as it meets the common law requirements.Law of contracts: common law or case law.CONSENSUS - parties must reach a mutual agreement. Equal bargaining positions. Free to ente ... tim: ex. when victim cheats.NEGLIGENT MISREPRESENTATION: damages for negligence may be available in cases of misrepresentation.DURESS - involves threats of violence or imprisonment - contract voidable ...
Subjects: Law & Government Essays > Law
Legal Issues Paper
in our journey of discovery and learn with us!Agency LawAgency Law can be defined as common law or case law based on accumulated judgments from court cases. As there are liabilities for agent to prin ...
Subjects: Law & Government Essays > Law > Issues
Characteristics of Common Law
rtain offenses as enacted by statutes.3. Already understood of Statutes:In the view of the existing case law and custom, the Statutes may leave a number of things unsaid. They may seems as already und ... asonable doubt. Therefore, circumstantial evidence must be overwhelming.9. The Crown must prove its case beyond a reasonable doubt.10. No charge can be laid against a person for a common law offence - ...
Subjects: Law & Government Essays
Natural Crime versus Legal Crime
stly comes from four sources. These four sources are administrative law, common law (which includes case law) statutes and constitutional law. Every law is subordinate to constitutional law because th ... nsider a natural crime.Motor vehicle theft, I would consider a legal crime.Arson, in most cases I would consider to be a legal crime as well.I based The FBIs major crimes as having viol ...
Subjects: Law & Government Essays > Law
Pregnancy law Uk
ies that traditionally. This paper will seek to examine and critically evaluate the legislation and case law of the UK and the European Community (EC) on pregnancy dismissals in employment. The main t ... fact that it is only recently that the EU has passed a directive on the issue. The legislation and case law also challenge the stereotypical assumption that a 'woman's place is in the home'. In this ...
Subjects: Law & Government Essays > Law
Incorporating a Business
at practical effect incorporation will have on the conduct of George's business.(c) By reference to case law, legislation and/or your own examples, explain the circumstances in which the courts will i ... the objective of the business is. It should also state the type of company for example in George's case it would be private company limited by shares. It must state the liability of the members in Ge ...
Subjects: Law & Government Essays > Law
Judge-made law in HK
What is Judge-made law/ case law?•Case law= cases, precedents, cases passed in Hong Kong before & cases passed in E ... ) The laws previously in force in Hong Kong, that is, the common law… shall be maintained.** Case Law/ Doctrine of precedent is an integral part of the common law system.•Precedents in Eng ... ere, non jus dare,' to say the law, not to give it.** Judges do make law PASSIVELY. There must be a case coming before a court before a judge can make law.•Sara: However, 'because of the actual p ...
Subjects: Law & Government Essays > Law
Grocery Inc
mplied or clearly written out still have legal standing and require mediation to understand. In the case of Grocery, Inc. there are several employees appeared to have dealings with others, and the ret ... yze the contracts, interpret their meaning, and determine what we feel is the best outcome for each case based on the case law and research available to us. Using the following information we will ana ...
Subjects: Law & Government Essays > Law
The subsidiarity principal in the European Union
ubsidiarity in the EC3.The subsidiarity principle itself- The Treaties of Maastricht and Amsterdam4.Case law and the European Court of Justice4.1.The Tobacco Advertising Case4.2.The Working Time Direc ... mmunism, which are characterized by the subordination of the person to the state, on the other.This case work will focus on the principle of subsidiarity, which also influenced significantly the distr ...
Subjects: Law & Government Essays > Law > Cases
Contract Creation and Management
lationship and especially to clarify several ambiguous items written into the contract. "The recent case law demonstrates that a party is not likely to prevail on its interpretation of ambiguous contr ...
Subjects: Law & Government Essays
Managing Legal Encounters at Newcorp
an at will employee. Pat Grey is a terminated employee for Newcorp who was employed at will.Recent case law has put restrictions on employment at will as its fallen into disfavor because employees re ... ent as courts are looking to prevent employers from disregarding their commitments at random.In the case of Dillion versus Champion Jogbra, Ms. Dillion sued for wrongful termination, claiming breach o ...
Subjects: Law & Government Essays
Orgainsation Business Law
IssuesWho own the funds in two bank accounts?Can the corporate veil be lifted?Relevant Statute and case lawS 15 Companies Act 1993 states the company has separate legal personality - a company is a l ... from its shareholders and continues in existence until it is removed from the New Zealand register.Case: Salomon v Salomon and Co Ltd [1897]Lee v Lee's Air Farming Ltd [1961]R v McCurdy [1983]Re Gras ...
Subjects: Businesss Research Papers > Case Studies
Common Law
24th April 2010�Table of Contents Introduction1Damages2Three Major Aspects4Case Application64.1 Applicable Law64.2 Applications of facts to law64.3 Conclusio ... inated in England in middle ages and laws are made by the judges based on the decisions made on the cases. Thus, common law is also known as case law. Decisions on past cases by superior courts are bi ...
Subjects: Law & Government Essays > Law > Cases